As defined by law, the discovery process in relation to DUIs is the requirement that the prosecution turn over any evidence that it has or is reasonable control of and would potentially use against the defendant in the case. Knowing what evidence the state has against the defendant is crucial to the defense’s case.
If you are facing DUI charges, contact an accomplished lawyer who is experienced with the discovery process in Omaha DUI cases. A skilled DUI attorney from the Berry Law could advocate for you and help you reach a favorable resolution to your case.
How Does the Discovery Process Begin?
The discovery process begins immediately in Omaha DUI cases. Legally, the prosecution has a certain period of time to turn over the evidence, but the initial gathering of evidence starts as soon as an attorney is on board on a case.
The defense attorney could seek discovery from anyone who has any knowledge of the case, including the prosecution, any potential witnesses, and potentially anyone who has knowledge about the case. Omaha law enforcement handles the discovery process by starting with the prosecuting agency on the case and making a request through them.
Evidence Included in Discovery
Discoverable materials might include evidence such as any statements made by the defendant, statements made by witnesses, reports, breath analyses, blood testing, dash cams, cruiser cams, body cams, and anything that is potentially relevant to a defendant’s case.
In Omaha, the request for discovery is made through the government or through the prosecution. If for some reason the government or prosecution does not turn over evidence, the process is to request that the court order them to turn over that evidence if the prosecution has it or has reasonable access to it.
The government plays a significant role in conducting discovery because it usually has all of the evidence that it is going to use to potentially convict the defendant. The general discovery process in Omaha DUI cases is to go through the state to get that evidence.
Interrogatories and Subpoenas
As defined by law, an interrogatory is a request, generally a written request, to answer some type of question. These are used in DUI cases by getting witnesses to answer questions prior to any court hearing.
A subpoena is a request or an order from a court asking someone to do something, such as appear somewhere, turn over some material, or speak. Circumstances in which a subpoena would potentially be used in a DUI case would be to command a witness or another party to appear at a court hearing or to order or compel someone to turn over some type of property.
Call an Omaha Lawyer About the Discovery Process in DUI Cases
The discovery process in Omaha DUI cases begins once the individual is arrested and usually goes on until there is a resolution to the case. The discovery process is one of, if not the most, important parts of the case. Therefore, if you are facing DUI charges, you should reach out to an attorney who is knowledgeable about the discovery process and how to build an effective defense. Call today and set up a consultation.